General Terms and Conditions of Site

INTRODUCTION: This website can be accessed at https://www.minema.co.za/, of which MINEMA Chemicals (PTY) Ltd (“MINEMA Chemicals” “we”, “us” and “our”) is entitled complete ownership and has operational control thereof.

These (“Terms and Conditions”) function as a standard to regulate the ordering, selling and delivering of products from this website.

All persons who visit or make use of this website (“you”, “your” or “user”)) are bound and required to abide by these Terms and Conditions. It is important to note that by registering as a customer of the online store, which may be a necessary procedure, you subsequently acknowledge that you have indeed read and accept these stated Terms and Conditions.


IMPORTANT NOTICE:

These Terms and Conditions denote standards to:

1. Reduce any risk or liability of MINEMA Chemicals; and or

2. Confirm any risk or liability for the user; and or

3. Convince the user to indemnify MINEMA Chemicals; and or

4. Compel the user the recognise and accept content stipulated as a fact.

If there is any misunderstanding with regards to the content of these Terms and Conditions, you are encouraged to communicate with MINEMA Chemicals and ask for an explanation thereof, before you proceed to accept the Terms and Conditions or continue using the website.

It must be known that these Terms and Conditions were not compiled to unlawfully restrict, limit or avoid any right or obligation on your part or for MINEMA Chemicals.

MINEMA chemicals enables access to this website for the user, in compliance with these Terms and Conditions. It must be known that by using the website, you are required to recognise unconditionally the entire content of the Terms and Conditions.

It must be emphasised that by accessing the website you acknowledge and agree to the collection and use of information, containing personal data, as defined in the Privacy Policy, contained by reference in these Terms and Conditions. You must recognise that we have the authority to alter, modify, substantiate, delete or update said information displayed on the website.

LOGIN AND ACCESS TO THE WEBSITE

Only persons provided with a login password have the authority to order products on the website.

To create an account on the website you are required to impart personal information to MINEMA Chemicals. Once you have been accepted as a registered user by MINEMA Chemicals, it is necessary for you to login using your unique username and password to gain access to the website and purchase products from the online store.

It is imperative that you agree and guarantee that your username and password shall:

1. Be employed for your own personal use only; and

2. Not be disclosed to another third party.

You must ensure that every time you enter the correct user name and password, to allow access to the website. This is also important for security reasons.

Once you have entered the correct username and password to access your account, even if considered unauthorised or fraudulent, it is entirely your responsibility to make payments for all orders with the exception that your order has been cancelled in accordance with the Terms and Conditions.

You must recognise your obligation to concede to notify MINEMA Chemicals concerning any suspicious infringement or unauthorised use of your unique username or password; and take active measures to alleviate any consequent loss or harm.

By making use of the website you adhere to all appropriate legal conditions and guarantee that you are indeed 18 years of age or older. Users who are under the age of 18 have no legal authorisation to become a registered user of the website. If you are under the age of 18 you may enter an agreement with MINEMA Chemicals, on condition your parent or legal guardian has provided his or her consent and have agreed that they take on your liability and are bound by these Terms and Conditions.

You must agree that under no circumstances will you employ a device, software or any instrument that can interfere or attempt to interfere with the functionality of the website. In conjunction with this, it is necessary for you to acknowledge that we forbid the use of a robot, spider, or any other automatic device or manual process to monitor, duplicate, dispense or alter the website and the information contained therein, unless written consent has indeed been granted from an authorised MINEMA Chemicals representative (such consent is deemed appropriate for standard search engine technology typically utilised by internet search websites to direct the traffic or internet users to the website).

It is important to note that this website may not be used to communicate material which is defamatory, offence, unlawful or is considered hate speech.

You are no permitted to exhibit, publish, post, print, duplicate or use in any way the website and information displayed thereon, unless a valid written consent has been provided by an authorised MINEMA Chemicals representative.

TRANSACTION OF SALE AND AVAILABILITY OF STOCK

MINEMA Chemicals has the power to accept or reject the order of products placed by a registered client. This decision is determined by the availability of stock, whether the information related to the product is correct (particularly, but not exclusively the price thereof), as well as the receipt of authorisation of payment by MINEMA Chemicals for the purchase of such product.

It is important to note that MINEMA Chemicals will only acknowledge that your order has been accepted once the product has been delivered to you, only when this event has taken place, will MINEMA Chemicals accept an agreement of sale with you. This is irrespective of whether you have received confirmation from MINEMA Chemicals regarding your order or payment of such product. MINEMA Chemicals will specify the rejection of your order by cancelling it, and will subsequently refund you or the full amount already paid by you.

You can cancel your order any time preceding the delivery thereof, on condition you do so before receiving a dispatch or delivery note. Once the delivery process has been completed, you may return the product in accordance with the conditions outlined in the Return Policy.

You must acknowledge that the stock of all products is limited and the pricing thereof may change at any time without announcement. MINEMA Chemicals will do everything in their power to track the stock level of their products offered for sale; and will ensure appropriate measures are taken to explicitly state on the website when the product is no longer available to be purchased. You must be aware that MINEMA Chemicals cannot always guarantee the availability of stock. In such case when the product is no longer available after the order has been placed, MINEMA will promptly notify you thereof and provide assurance that you will be refunded the exact amount already paid by you.

It must be emphasised that certain products are not permitted to be purchased for re-sale. Should we suspect that this may be the case, we have the authority to cancel your order straightaway and a notification thereof will be sent to you.

PAYMENT

Only holders of an account with MINEMA Chemicals are permitted to complete a transaction of sale.

DELIVERY

MINEMA Chemicals has established an effective delivery system to ensure your products ordered reaches your identified location.

It must be noted that without warning fluctuations may occur in the delivery charges. Please note that the applicable delivery charges will indeed be visible when you proceed to check out. For more information regarding our delivery procedure ewe urge you to please contact us.

It must be noted that without warning fluctuations may occur in the delivery charges. Please note that the applicable delivery charges will indeed be visible when you proceed to check out. For more information regarding our delivery procedure ewe urge you to please contact us.

MINEMA Chemicals responsibility to deliver a product to you is in accordance to whether you have identified to correct physical address as to where the product must be delivered to. It is important to note that under no circumstances will MINEMA Chemicals be held accountable for any loss, damage or unlawful use of a product after said product has been delivered to your designated physical address.

RETURNS

Should you require more information regarding the return of products, as well as the refund, replacement and repairs thereof, it is necessary to examine our Returns Policy. The Return Policy is enclosed by reference, meaning it constitutes a section of the Terms and Conditions.

ERRORS

MINEMA Chemicals will do its utmost best to ensure that all information indicating the description, availability, purchase price and delivery charges of products are accurately represented on the website. It must be emphasised that should there be any errors on the website (which are not related to gross negligence on our part), we shall not be responsible for any loss, claim or expense that may incur, particularly consequent of a transaction based on an error, with the exception that the purchase price displayed was indeed incorrect – to the extent that we are obliged to refund you in full, as stipulated in the returns Policy.

In conjunction with this, MINEMA Chemicals shall not in any way be held accountable for any incorrect information related to the company within a third-party website.

PRIVACY POLICY

MINEMA Chemicals promises to respect your privacy and will take considerable action to protect it at all costs. Further, more in-depth information regarding our privacy policy ensues below.

Should you wish to become a new customer of MINEMA Chemicals online store, it is necessary for you to impart personal information, particularly but not exclusively your:

1. Name and surname;

2. Date of birth;

3. Gender;

4. Physical address;

5. Contact number;

6. Email address.

If changes need to be made in your personal information, we ask you to please promptly inform us and provide us with an update thereof, so that we can correct the information.

You are granted the option of providing us with additional personal information. Should you wish to do so, it is your responsibility to ensure the information you provide is accurate, up-to-date and does not in any way impersonate or misrepresent any person, entity or affiliation with anyone or anything.

We assure you that we will not use your personal information for any purpose other than the following:

1. Any procedure regarding the ordering, sale and delivery of products;

2. To contact you in relation to products offered by us;

3. For research purposes, such as monitoring and tracking your browsing and conversion rate. This is necessary for us to know so we can enhance your experience of our website or to add to our product selection.

We guarantee that we will not divulge your personal information to any third party, unless under the conditions stipulated as follows:

1. A third party involved in the ordering and delivery of goods needs your personal information to communicate with you regarding such, in a proper and efficient manner;

2. Law enforcement, government officials, fraud detection agencies or related third parties demand, in reasonable faith, your personal information to avert any physical harm or financial loss, to substantiate any enquiries into suspicious illegal activity, or to investigate any defilements of these Terms and Conditions.

3. To assist our service providers, who are essential components on the operation of our company. The service providers are however only strictly permitted to use your personal information in connections with their role within our company.

We are granted the authority, obligation and responsibility to employ or reveal your personal information should any applicable law, subpoena, order or court of legal process served on us require us to do so; or as a necessary measure to protect and defend our rights or property. Should a fraudulent payment occur, MINEMA Chemicals is permitted to divulge relevant personal information necessary to assist criminal investigation procedures, or in relation to any other legal requirements.

We will take strict measures to ensure that all third parties involved who may have access to your personal information are bound by legal confidentiality requirements regarding your personal information.

We assure that we will:

1. Handle your personal information as implicitly confidential, unless we are required to impart such, as stipulated in this policy;

2. Carry out the necessary technical and organisational measures to guarantee that your personal information is in no way compromised by unauthorised or unlawful processes, accidental loss, destruction or damage, alteration, disclosure or access; and is kept entirely secure;

3. Enable you to any time easily access, view and update your personal information;

4. To notify you as soon as we are aware that your information has been accessed, disclosed or processed without authorisation.

5. To provide you with irrefutable assurance that we comply with our legal obligation with regards to this policy, whenever required to do so;

6. Should you demand us to without a delay return or destroy evidence of your personal information in our possession or control, we are required to promptly comply; unless we have the legal authority to possess such information.

7. We shall not retain your personal information for a period longer than required, unless we are obliged to do so by law, or have been granted your consent to do so.

8. MINEMA Chemicals assures that under no circumstances will sell or make available your personal information to any third party, unless required to do so in the events outlined in this policy.

9. It must be known that although we do our utmost best to ensure that your right of privacy is appropriately protected at all costs, we acknowledge that we cannot guarantee or accept liability if, while in our possession, your personal information is disclosed to a third party, who are not subject to our control in an unauthorised or unlawful manner, unless such disclosure is consequence of gross negligence on our part.

THE UPDATE OF INFORMATION

MINEMA Chemicals has the authority to change or alter these Terms and Conditions at any given time. It is subsequently your obligation to check these Terms and Conditions at a regular interval to ensure you accept the updated information. In the case that you are not satisfied with the change of these Terms of Conditions, it is your responsibility to make an informed decision and not utilise the website any further.

it is important to note that if you have used the website after said changes have been made, you have consequently acknowledged and accepted the updated Terms and Conditions.

ELECTRONIC COMMUNICATION

It is your responsibility to acknowledge that the sending and receiving of electronic mail is in accordance with the Privacy Policy stipulated in these Terms and Conditions.

COPYRIGHT AND OWNERSHIP

All content and material contained within the website that encompasses any form of text, images, graphics, icons, trade names, logos. Trade-marks, designs, service marks, data and software are protected by law, particularly, but not exclusively with regards to copyright and trade mark law. MINEMA Chemicals owns the content and material of their website.

Users of the website have no authority to obtain ownership of any content on the website.

The employment or duplication of the content displayed on the website is strictly forbidden, with the exception that it has been stated otherwise in these Terms and Conditions. Permission to use the website content can be obtained by contacting us through one of options stated on our help page.

CONDITIONS OF USE

It is your responsibility to acknowledge that it is at your own risk and accountability should any loss or damage occur, consequence of any use of the website and the information contained therein.

Although MINEMA Chemicals has taken appropriate measures to ensure that the content and material of the website is indeed correct, we cannot make assurance as to the quality, suitability, reliability, availability, process or functionality of the website; or warrant that the information displayed on the website is accurate. MINEMA Chemicals shall not be held accountable for such.

MINEMA does not claim to be held liable for any direct or indirect damage or loss consequent to any use of or access to the website and the information contained therein.

Certain products sold on the website may be under warranty because of the specific nature thereof. However, for the most part the website and all information contained therein is portrayed as such, without any expressed or implied warranty, including, but not exclusively warranties related to merchantability, function, completeness or as may be allowed by law.

It is important to note that the views conveyed in these Terms and Conditions may not be the opinions of MINEMA Chemicals and individuals associated with the company.

MINEMA Chemicals makes the firm assurance that the website and the information displayed therein is free from any form of virus, spyware, malware, trojans or material or data considered to be destructive and corrupt, harm, damage or destroy the operation, functionality, stability and security of your computer system, network, hardware or software. It is your responsibility to recognise the risk involved and MINEMA disclaims any consequent damage that may arise in connection thereof.

LIMITATION OF LIABILITY

MINEMA Chemicals will not be held accountable for any incorrect information contained within the website, particularly with regards to discrepancies on process displayed in the website, with the exception that said inaccuracies are the result of gross negligence on our part. We urge you to please report any occurrence where there are possible errors or malfunctions on the website.

It must be emphasised that under no circumstances shall MINEMA Chemicals be held liable for any form of loss or damage that may occur consequent to your use of the website, your inability or access the website or any such unlawful activity associated with the use of the website.

You are hereby required to indemnify MINEMA Chemicals for any possible loss, claim or damage that may be experienced by you or third party involved, consequent to the use of the website.

ACCESSIBILITY AND TERMINATION

We make the firm assurance that the website will always be available and in such case where this is not possible, we shall notify you immediately.

In the event where MINEMA Chemicals is forced to terminate the availability of the website without prior notification, we will by no means be held accountable, unless required to process your order made before such time, within reasonable means.

Should you fail to comply with your responsibility, with regards to these Terms and Conditions, particularly pertaining the payment of products ordered by you, we have the authority to terminate your ability to access the website without any liability involved.

MINEMA Chemicals has full authority to blacklist you or terminate your ability to access the website or cancel your order, should we suspect your illegal use of the website. MINEMA Chemicals is only obliged to make a refund, if you have already made such payment. We shall however accept no further liability in such incidents where we are obliged to blacklist you or refuse your order.

GOVERNING LAW AND JURISDICTION

Take note that these Terms and Conditions were compiled in accordance with the governing laws of the Republic of South Africa. Therefore, your use of the website implies your consent to the jurisdiction of the South African courts, in relation to all processes and transactions that may occur within the Terms and Conditions.